BILL NUMBER: AB 862	CHAPTERED  09/13/00

	CHAPTER   423
	FILED WITH SECRETARY OF STATE   SEPTEMBER 13, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 12, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   APRIL 3, 2000
	AMENDED IN SENATE   MARCH 27, 2000
	AMENDED IN SENATE   JULY 15, 1999
	AMENDED IN SENATE   JULY 2, 1999
	AMENDED IN ASSEMBLY   MAY 19, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999

INTRODUCED BY   Assembly Member Correa
   (Principal coauthors:  Assembly Members Granlund and Honda)
   (Coauthor:  Senator Dunn)

                        FEBRUARY 24, 1999

   An act to amend Section 798.26 of, and to add Section 798.37.5 to,
the Civil Code, relating to mobilehome parks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 862, Correa.  Mobilehome parks:  landscaping:  driveways.
   Existing law, the Mobilehome Residency Law, authorizes the
management of a mobilehome park to charge the owner of a mobilehome
within the park a reasonable fee for the maintenance of the land and
premises upon which the mobilehome is situated in the event the
homeowner fails to do so in accordance with the park rules and
regulations, as specified.  The law prohibits a homeowner from being
charged a fee for landscaping as a condition of tenancy in the park,
except as specified.  The law also authorizes reasonable landscaping
requirements within the park rules and regulations.  Existing law,
the Mobilehome Parks Act, which is enforced by the Department of
Housing and Community Development or specified local agencies,
provides for specified regulation of mobilehome parks.
   This bill would require the management to be solely responsible
for the trimming, pruning, or removal of any tree on a rental space,
and the costs thereof, upon written notice by a homeowner or a
determination by the park management that the tree poses a specific
hazard or health and safety violation.  In case of a dispute over
that assertion, the bill would authorize the park management or a
homeowner to request an inspection by the Department of Housing and
Community Development or a specified local agency to make a
determination whether a violation of the Mobilehome Park Act exists.
The bill would require the park management to be solely responsible
for the trimming, pruning, or removal of trees in the common areas
and the costs thereof.  The bill would also require the management to
be responsible for the maintenance, repair, and expenses related to
the maintenance of all driveways installed by park management, would
provide that homeowners are responsible for the maintenance, repair,
and expenses related to maintaining homeowner installed driveways,
and would prohibit a resident of a mobilehome park from planting a
tree within the mobilehome park without first obtaining written
permission from the management.
   The bill would provide that any mobilehome park rule or regulation
shall be in compliance with these provisions.  These provisions
would only apply to rental agreements entered into, renewed, or
extended on or after January 1, 2001, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 798.26 of the Civil Code is amended to read:
   798.26.  (a) Except as provided in subdivision (b), and
notwithstanding any other provision of law to the contrary, the
ownership or management of a park, subdivision, cooperative, or
condominium for mobilehomes shall have no right of entry to a
mobilehome without the prior written consent of the resident.  The
consent may be revoked in writing by the resident at any time.  The
ownership or management shall have a right of entry upon the land
upon which a mobilehome is situated for maintenance of utilities,
trees, and driveways, for maintenance of the premises in accordance
with the rules and regulations of the park when the homeowner or
resident fails to so maintain the premises, and protection of the
mobilehome park, subdivision, cooperative, or condominium at any
reasonable time, but not in a manner or at a time which would
interfere with the resident's quiet enjoyment.
   (b) The ownership or management of a park, subdivision,
cooperative, or condominium for mobilehomes may enter a mobilehome
without the prior written consent of the resident in case of an
emergency or when the resident has abandoned the mobilehome.
  SEC. 2.  Section 798.37.5 is added to the Civil Code, to read:
   798.37.5.  (a) With respect to trees on rental spaces in a
mobilehome park, park management shall be solely responsible for the
trimming, pruning, or removal of any tree, and the costs thereof,
upon written notice by a homeowner or a determination by park
management that the tree poses a specific hazard or health and safety
violation.  In the case of a dispute over that assertion, the park
management or a homeowner may request an inspection by the Department
of Housing and Community Development or a local agency responsible
for the enforcement of the Mobilehome Parks Act (Part 2.1 (commencing
with Section 18200) of Division 3 of the Health and Safety Code) in
order to determine whether a violation of that act exists.
   (b) With respect to trees in the common areas of a mobilehome
park, park management shall be solely responsible for the trimming,
pruning, or removal of any tree, and the costs thereof.
   (c) Park management shall be solely responsible for the
maintenance, repair, replacement, paving, sealing, and the expenses
related to the maintenance of all driveways installed by park
management including, but not limited to, repair of root damage to
driveways and foundation systems and removal.  Homeowners shall be
responsible for the maintenance, repair, replacement, paving,
sealing, and the expenses related to the maintenance of a homeowner
installed driveway.  A homeowner may be charged for the cost of any
damage to the driveway caused by an act of the homeowner or a breach
of the homeowner's responsibilities under the rules and regulations
so long as those rules and regulations are not inconsistent with the
provisions of this section.
   (d) No homeowner may plant a tree within the mobilehome park
without first obtaining written permission from the management.
   (e) This section shall not apply to alter the terms of any rental
agreement in effect prior to January 1, 2001, between the park
management and the homeowner regarding the responsibility for the
maintenance of trees and driveways within the mobilehome park, except
that upon any renewal or extension, the rental agreement shall be
subject to this section.  This section is not intended to abrogate
the content of any existing rental agreement or other written
agreements regarding trees or driveways that are in effect prior to
January 1, 2001.
   (f) This section shall only apply to rental agreements entered
into, renewed, or extended on or after January 1, 2001.
   (g) Any mobilehome park rule or regulation shall be in compliance
with this section.
